Inspectors - Section 58.2

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Inspectors - Section 58.2

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Inspectors - 58.2

(1) The Minister may appoint one or more persons as inspectors for the purposes of this section. 2005, c. 26, Sched. A, s. 10.

Certificate of appointment

(2) The Minister shall issue to every inspector appointed under subsection (1) a certificate of appointment and every inspector, in the execution of his or her duties under this section, shall produce his or her certificate of appointment upon request. 2005, c. 26, Sched. A, s. 10.

Powers of inspectors

(3) For the purpose of ensuring compliance with sections 58 and 58.1 and the regulations made under them, an inspector may, without a warrant,

(a) enter any premises of a licensed driving school;

(b) enter any premises where the records of a licensed driving instructor or licensed driving school or the motor vehicles, equipment and other things used by a licensed driving instructor or licensed driving school in providing driver education are kept;

(c) examine a record, motor vehicle, equipment or other thing that is relevant to the inspection;

(d) demand the production for inspection of a motor vehicle, equipment, record or other thing that is relevant to the inspection;

(e) remove for examination or testing a motor vehicle or any equipment or thing that is relevant to the inspection;

(f) remove for review and copying a record or other thing that is relevant to the inspection;

(g) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place;

(h) carry out any examination, test, audit or investigation procedure that is relevant to the inspection; and

(i) question a person on matters relevant to the inspection. 2005, c. 26, Sched. A, s. 10.

Dwellings

(4) The power to enter and inspect a place shall not be exercised to enter and inspect a part of the place that is used as a dwelling without the consent of the occupier. 2005, c. 26, Sched. A, s. 10.

Time of entry

(5) The power to enter and inspect a place shall be exercised during the regular business hours of the place or, if it does not have regular business hours, at any time the place is open for business. 2005, c. 26, Sched. A, s. 10.

Written demand

(6) A demand that a motor vehicle, equipment, record or other thing be produced for inspection must be in writing and must include a statement of the nature of the motor vehicle, equipment, record or thing required. 2005, c. 26, Sched. A, s. 10.

Obligation to produce and assist

(7) If an inspector demands that a motor vehicle, equipment, record or other thing be produced for inspection, the person who has custody of the motor vehicle, equipment, record or thing shall produce it immediately and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 2005, c. 26, Sched. A, s. 10.

Things removed

(8) An inspector who removes a motor vehicle, equipment, record or other thing under clause (3) (e) or (f) or to whom a motor vehicle, equipment, record or other thing is delivered pursuant to a demand made under clause (3) (d) shall give a receipt for the motor vehicle, equipment, record or thing and return it to the person who produced or delivered it within a reasonable time. 2005, c. 26, Sched. A, s. 10.

Copy admissible in evidence

(9) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 2005, c. 26, Sched. A, s. 10.

Obstruction

(10) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading. 2005, c. 26, Sched. A, s. 10.

Regulations re costs of inspection

(11) The Minister may make regulations requiring licensees to pay to the Ministry the costs of any inspection conducted under this section. 2005, c. 26, Sched. A, s. 10.

Definition

(12) In this section,

“inspection” includes an examination, test, audit, inquiry and investigation. 2005, c. 26, Sched. A, s. 10.


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